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It's final: MOA-AD unconstitutional, says SC


MANILA, Philippines - The Supreme Court on Friday upheld its earlier decision declaring as unconstitutional the highly-contested the draft ancestral domain pact between the government and the Moro Islamic Liberation Front (MILF). In a minute-resolution, the High Court with finality affirmed its October 14 decision declaring unconstitutional the memorandum of agreement on ancestral domain (MOA-AD) and denied with finality the motions for reconsideration filed by the counsel for Muslim Legal Assistance Foundation Inc. as well as by intervenor Consortium of Bangsamoro Civil Society and Bangsamoro Women Solidarity Forum Inc. The ruling also voided the “constancia" manifestation filed by the government peace negotiating panel, seeking to moot the petitions questioning the MOA-AD. “The Court resolved to deny with finality the said motions, as the basic issues raised therein have been passed upon by this Court and no substantial arguments were presented to warrant the reversal of the questioned decision," the High Court said in its ruling. Associate Justices Renato Corona, Dante Tinga, Minita Chico-Nazario, Presbiterio Velasco Jr., Antonio Eduardo Nachura, Teresita Leonardo-de Castro and Arturo Brion maintained their dissents, saying the petitions have been mooted by the decision of the executive not to sign the pact in its present form or in any other form. In its earlier ruling, the High Court said the MOA-AD was unconstitutional because its proponents had agreed to sign it even if it had failed to consult with all the stake-holders, including the communities that would have been affected by the formation of the BJE. The High Hourt ordered officials from the Philippine government and the MILF to engage the communities and consult with them before drawing up another ancestral domain pact. A much earlier Supreme Court order stopping the signing of the controversial agreement in Malaysia had triggered MILF rebels to take over a number of villages in central Mindanao and assault government troops, in what appeared to be a retaliation on the ruling. In turn, the hostilities that erupted after had prompted the government to dissolve its peace panel negotiating with the rebels. Almost 300,000 individuals had already been displaced from their homes in several province in Mindanao and had already sought refuge in evacuation centers or fled to safer grounds with their relatives. - Mark Merueñas, GMANews.TV
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